On the recordFebruary 15, 2018
Since the start of the debate on this legislation, I have been laser-focused on getting the problems with ADA compliance actually fixed. The problems of drive-by lawsuits have hit my district, and abusive demand letters are a problem nationwide. One of the tragedies of the status quo is that, even after settlement of demand letters, the problems are often not even fixed. Many of my colleagues have expressed concern, however, that the underlying text of this legislation would not provide sufficient incentive for legitimate civil rights attorneys to take to court businesses that offer no good faith effort to solve the problem with ADA compliance after they have been pointed out. My amendment simply would allow courts to award punitive damages in the cases that a business has made no good faith effort to remove a barrier to access. If they cure the problem, the matter is resolved; if not, they should be subject to the full force of the law, including punitive damages. Since its enactment, the Americans with Disabilities Act has allowed millions of Americans to gain access to public accommodations that many of us take for granted. The passage of the ADA was a major civil rights victory. Many more schools, hospitals, grocery stores, and movie theaters are now accessible. Thanks to the ADA, many of our fellow citizens are fully integrated into the fabric of society. Despite these gains, however, more still remains to be done.…
